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Results: 1-10 of 19

Restoration of copyright in foreign works passes constitutional muster
  • McDermott Will & Emery
  • USA
  • January 27 2012

A 1994 statute extended U.S. copyright protection to foreign works previously unprotected in the United States, removing an estimated “millions” of foreign works from free, public domain availability


Restoration of copyright in foreign works passes constitution muster
  • McDermott Will & Emery
  • USA
  • January 31 2012

In a 6-2 decision, the Supreme Court of the United States affirmed a decision by the United States Court of Appeals for the Tenth Circuit upholding a federal law that restored copyright protection to foreign works that had entered the public domain in the U.S


“Caught Up” not substantially similar to “caught Up”
  • McDermott Will & Emery
  • USA
  • February 29 2012

Assessing whether two songs titled “Caught Up” possessed enough similarities to survive a motion to dismiss, the U.S. Court of Appeals for the Second Circuit held that they were not in that the songs were lyrically and musically distinct


Sony is the new “King of the Road”
  • McDermott Will & Emery
  • USA
  • March 30 2012

Considering whether musician Roger Miller’s widow or a music publishing company owned his music catalog, including the hit song “King of the Road,” the U.S. Court of Appeals for the Sixth Circuit reversed a lower court’s decision that found the publishing company liable for copyright infringement thereby vacating an award of almost $1 million in damages


Supreme Court hears oral arguments in gray-market copyright case
  • McDermott Will & Emery
  • USA
  • November 29 2012

Undaunted by an approaching hurricane that had already shut down the federal government, public transportation and nearly all of the rest of Washington, D.C., the U.S. Supreme Court on October 29, 2012, heard oral arguments in a copyright case involving the unauthorized resale in the United States of foreign versions of textbooks originating from U.S. publishers


Copyright licensee must own at least one exclusive right for standing
  • McDermott Will & Emery
  • USA
  • February 28 2011

Affirming dismissal of a copyright infringement suit brought by one licensee against another, the U.S. Court of Appeals for the Seventh Circuit held that a plaintiff must show that it is the exclusive license of at least one of the divisible rights recognized under the Copyright Act to possess sufficient standing to sue for infringement


Defendant bears significant burden to rebut presumption of copyright validity
  • McDermott Will & Emery
  • USA
  • February 28 2011

Highlighting the significant burden imposed upon a defendant who seeks to invalidate a plaintiff's copyright, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s sua sponte dismissal of a copyright infringement case, despite defendants offering multiple arguments towards the invalidity of the plaintiff’s copyright


Challenge to grant of attorneys’ fees in copyright case derailed by untimely objection
  • McDermott Will & Emery
  • USA
  • January 31 2011

Considering a plaintiff’s second motion for reconsideration challenging the award of attorneys’ fees to the defendant in a copyright case, the U.S. Court of Appeals for the First Circuit upheld the award without remanding the issue to the district court where plaintiff’s objection was over 30 days late and defendant had submitted records demonstrating the reasonableness of the award


Idea submission case involving “ghost hunters” television series not preempted by copyright law
  • McDermott Will & Emery
  • USA
  • May 28 2011

In a 7-4 decision, the U.S. Court of Appeals for the Ninth Circuit held, en banc, that a writer sufficiently stated an implied contract claim, not preempted by copyright law, where a plaintiff alleged a bilateral expectation that the plaintiff would be compensated by defendant for use of plaintiff’s idea


eBay abrogates presumption of irreparable harm in copyright cases in Ninth Circuit
  • McDermott Will & Emery
  • USA
  • August 31 2011

Considering the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright cases, the U.S. Court of Appeals for the Ninth Circuit Court held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases